HF 4540

as introduced - 90th Legislature (2017 - 2018) Posted on 05/19/2018 12:43pm

A bill for an act
relating to campaign finance; modifying definition of express advocacy; requiring
certain disclosures in campaign advertisements; providing disclosures of
electioneering communications; providing penalties; amending Minnesota Statutes
2016, sections 10A.01, subdivision 16a; 10A.022, subdivision 3; 10A.121,
subdivision 1; 10A.17, subdivision 4; 10A.20, subdivision 5; 10A.244; 10A.34,
subdivision 4; 211B.01, subdivisions 1, 2, by adding subdivisions; 211B.02;
211B.04, as amended; 211B.06, subdivision 1; 211B.20, subdivision 1; 211B.32,
subdivision 4; 211B.35, subdivision 2; Minnesota Statutes 2017 Supplement,
sections 10A.20, subdivision 3, as amended; 211B.11, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 10A; 211B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 10A.01, subdivision 16a, is amended to read:

Subd. 16a.

Expressly advocating.

new text begin (a) new text end "Expressly advocating" means new text begin :
new text end

new text begin (1) new text end that a communication clearly identifies a candidate and uses words or phrases of
express advocacy deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) that a communication when taken as a whole and with limited reference to external
events, such as the proximity to the election, is susceptible of no reasonable interpretation
other than as an appeal advocating the election or defeat of one or more clearly identified
candidates.
new text end

new text begin (b) For purposes of this subdivision, "words or phrases of express advocacy" includes,
but is not limited to, "vote for," "vote against," "cast your ballot for," "elect," "support,"
"defeat," "reject," or any variation of these words or phrases.
new text end

new text begin (c) For purposes of this subdivision, "clearly identified" or "clearly identifies" means:
new text end

new text begin (1) a communication states a candidate's name, makes unambiguous reference to a
candidate's office or status as a candidate, or unambiguously describes a candidate in any
way; or
new text end

new text begin (2) a communication makes unambiguous reference to some well-defined characteristic
of a group of candidates, even if the communication does not name each candidate.
new text end

new text begin (d) For purposes of this subdivision, an "appeal advocating the election or defeat" means
that the communication satisfies both of the following:
new text end

new text begin (1) the communication is unmistakable, unambiguous, and suggestive of only one
meaning; and
new text end

new text begin (2) reasonable minds could not differ as to whether the communication encourages a
vote for or against a clearly identified candidate, or encourages some other type of action
on a legislative, executive, or judicial matter or issue.
new text end

Sec. 2.

Minnesota Statutes 2016, section 10A.022, subdivision 3, is amended to read:

Subd. 3.

Investigation authority; complaint process.

The board may investigate any
alleged violation of this chapter. The board may also investigate an alleged violation of
deleted text begin section deleted text end new text begin sections new text end 211B.04 deleted text begin , deleted text end new text begin to 211B.0445, new text end 211B.12, deleted text begin or deleted text end new text begin and new text end 211B.15 by or related to a
candidate, treasurer, principal campaign committee, political committee, political fund, or
party unit, as those terms are defined in this chapter.

(1) Upon receipt of a written complaint filed with the board, the board chair or another
board member designated by the chair shall promptly make a determination as to whether
the complaint alleges a prima facie violation. If a determination is made that the complaint
does not allege a prima facie violation, the complaint shall be dismissed without prejudice
and the complainant and the subject of the complaint must be promptly notified of the
reasons the complaint did not allege a prima facie violation. The notice to the subject of the
complaint must include a copy of the complaint. If the complainant files a revised complaint
regarding the same facts and the same subject, the prima facie determination must be
completed by a board member other than the member who made the initial determination
and who does not support the same political party as the member who made the initial
determination. The chair may order that the prima facie determination for any complaint
be made by the full board and must order that the prima facie determination for a complaint
being submitted for the third time be made by the full board.

(2) If a determination is made that the complaint alleges a prima facie violation, the
board shall, within 45 days of the prima facie determination, make findings and conclusions
as to whether probable cause exists to believe the alleged violation that warrants a formal
investigation has occurred. Any party filing a complaint and any party against whom a
complaint is filed must be given an opportunity to be heard by the board prior to the board's
determination as to whether probable cause exists to believe a violation that warrants a
formal investigation has occurred.

(3) Upon a determination by the board that probable cause exists to believe a violation
that warrants a formal investigation has occurred, the board must undertake an investigation
under subdivision 2 and must issue an order at the conclusion of the investigation, except
that if the complaint alleges a violation of section 10A.25 or 10A.27, the board must either
enter a conciliation agreement or make public findings and conclusions as to whether a
violation has occurred and must issue an order within 60 days after the probable cause
determination has been made. Prior to making findings and conclusions in an investigation,
the board must offer the subject of the complaint an opportunity to answer the allegations
of the complaint in writing and to appear before the board to address the matter. The deadline
for action on a written complaint may be extended by majority vote of the board.

Sec. 3.

Minnesota Statutes 2016, section 10A.121, subdivision 1, is amended to read:

Subdivision 1.

Permitted disbursements.

An independent expenditure political
committee or fund, or a ballot question political committee or fund, may:

(1) pay costs associated with its fund-raising and general operations;

(2) pay for communications that do not constitute contributions or approved expenditures;

(3) make contributions to independent expenditure or ballot question political committees
or funds;

(4) make independent expenditures;

(5) make expenditures to promote or defeat ballot questions;

(6) return a contribution to its source;

(7) for a political fund, record bookkeeping entries transferring the association's general
treasury money allocated for political purposes back to the general treasury of the association;
deleted text begin and
deleted text end

(8) for a political fund, return general treasury money transferred to a separate depository
to the general depository of the association deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) make disbursements for electioneering communications.
new text end

Sec. 4.

Minnesota Statutes 2016, section 10A.17, subdivision 4, is amended to read:

Subd. 4.

Independent expenditures.

(a) Except as provided in paragraphs (b) and (c),
an individual, political committee, political fund, principal campaign committee, or party
unit that independently solicits or accepts contributions or makes independent expenditures
on behalf of a candidate must publicly disclose that the expenditure is an independent
expenditure new text begin , as required by this subdivision and sections 211B.04 to 211B.0445 new text end . All written
communications with those from whom contributions are independently solicited or accepted
or to whom independent expenditures are made on behalf of a candidate must contain a
statement in conspicuous type that the activity is an independent expenditure and is not
approved by the candidate nor is the candidate responsible for it. Similar language must be
included in all oral communications, in conspicuous type on the front page of all literature
and advertisements published or posted, and at the end of all broadcast advertisements made
by that individual, political committee, political fund, principal campaign committee, or
party unit on the candidate's behalf.

(b) Paragraph (a) does not apply to individuals or associations that are not required to
register or report under this chapter.

(c) Paragraph (a) does not apply to the following:

(1) bumper stickers, pins, buttons, pens, or similar small items on which the independent
expenditure statement cannot be conveniently printed;

(2) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of the independent expenditure statement would be impracticable;
and

(3) online banner ads and similar electronic communications that link directly to an
online page that includes the independent expenditure statement.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 10A.20, subdivision 3, as amended
by Laws 2018, chapter 119, section 26, is amended to read:

Subd. 3.

Contents of report.

(a) The report required by this section must include each
of the items listed in paragraphs (b) to deleted text begin (q) deleted text end new text begin (s) new text end that are applicable to the filer. The board shall
prescribe forms based on filer type indicating which of those items must be included on the
filer's report.

(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.

(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must
be listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.

(d) The report must disclose the sum of contributions to the reporting entity during the
reporting period.

(e) The report must disclose each loan made or received by the reporting entity within
the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
together with the name, address, occupation, principal place of business, if any, and
registration number if registered with the board of the lender and any endorser and the date
and amount of the loan. If a loan made to the principal campaign committee of a candidate
is forgiven or is repaid by an entity other than that principal campaign committee, it must
be reported as a contribution for the year in which the loan was made.

(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).

(g) The report must disclose the sum of all receipts of the reporting entity during the
reporting period.

(h) The report must disclose new text begin the following:
new text end

new text begin (1) new text end the name, address, and registration number if registered with the board of each
individual or association to whom aggregate expenditures, approved expenditures,
independent expenditures, deleted text begin and deleted text end ballot question expenditures new text begin , and disbursements for
electioneering communications new text end have been made by or on behalf of the reporting entity
within the year in excess of $200 deleted text begin , together with deleted text end new text begin ;
new text end

new text begin (2) new text end the amount, date, and purpose of each expenditure, including an explanation of how
the expenditures was used deleted text begin , and deleted text end new text begin ;
new text end

new text begin (3) new text end the name and address of, and office sought by, each candidate on whose behalf the
expenditure was made new text begin or new text end , new text begin in the case of electioneering communications, each candidate
identified positively in the communication;
new text end

new text begin (4) new text end identification of the ballot question that the expenditure was intended to promote or
defeat and an indication of whether the expenditure was to promote or to defeat the ballot
question deleted text begin , deleted text end new text begin ; new text end and

new text begin (5) new text end in the case of independent expenditures made in opposition to a candidate new text begin or
electioneering communications in which a candidate is identified negatively new text end , the candidate's
name, address, and office sought.

A reporting entity making an expenditure on behalf of more than one candidate for state
or legislative office must allocate the expenditure among the candidates on a reasonable
cost basis and report the allocation for each candidate.

(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.

(j) The report must disclose the amount and nature of an advance of credit incurred by
the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.

(k) The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,
or party unit to which contributions have been made that aggregate in excess of $200 within
the year and the amount and date of each contribution.

(l) The report must disclose the sum of all contributions made by the reporting entity
during the reporting period.

(m) The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom noncampaign disbursements have
been made that aggregate in excess of $200 within the year by or on behalf of the reporting
entity and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.

(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.

(o) The report must disclose the name and address of a nonprofit corporation that provides
administrative assistance to a political committee or political fund as authorized by section
211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate
fair market value of each type of assistance provided to the political committee or political
fund during the reporting period.

(p) Legislative, statewide, and judicial candidates, party units, and political committees
and funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports submitted
to the board. The itemization must include the date on which the contribution was received,
the individual or association that provided the contribution, and the address of the contributor.
Additionally, the itemization for a donation in kind must provide a description of the item
or service received. Contributions that are less than the itemization amount must be reported
as an aggregate total.

(q) Legislative, statewide, and judicial candidates, party units, political committees and
funds, and committees to promote or defeat a ballot question must itemize expenditures and
noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee made
or became obligated to make the expenditure or disbursement, the name and address of the
vendor that provided the service or item purchased, and a description of the service or item
purchased, including an explanation of how the expenditure was used. Expenditures and
noncampaign disbursements must be listed on the report alphabetically by vendor.

new text begin (r) Notwithstanding any dollar limits in this subdivision, the report must individually
list the amount of a contribution in any amount received from a lobbyist, principal, political
committee, or political fund. The list must include the name and address of each lobbyist,
principal, or political committee.
new text end

new text begin (s) Notwithstanding any dollar limits in this subdivision, the report must individually
list the amount of a contribution in any amount made by a political committee or a political
fund. The list must include the name and address of the recipient of each contribution.
new text end

Sec. 6.

Minnesota Statutes 2016, section 10A.20, subdivision 5, is amended to read:

Subd. 5.

Pre-election reports.

(a) Any loan, contribution, or contributions:

(1) to a political committee or political fund from any one source totaling more than
$1,000;

(2) to the principal campaign committee of a candidate for an appellate court judicial
office totaling more than $2,000;

(3) to the principal campaign committee of a candidate for district court judge totaling
more than $400; deleted text begin or
deleted text end

(4) to the principal campaign committee of a candidate for constitutional office or for
the legislature totaling more than 50 percent of the election segment contribution limit for
the office new text begin ; or
new text end

new text begin (5) received from a lobbyist, principal, or political committee in any amount,
notwithstanding any dollar limit in this subdivision new text end ,

received between the last day covered in the last report before an election and the election
must be reported to the board in the manner provided in paragraph (b).

(b) A loan, contribution, or contributions required to be reported to the board under
paragraph (a) must be reported to the board either:

(1) in person by the end of the next business day after its receipt; or

(2) by electronic means sent within 24 hours after its receipt.

(c) These loans and contributions must also be reported in the next required report.

(d) This notice requirement does not apply in a primary election to a candidate who is
unopposed in the primary, in a primary election to a ballot question political committee or
fund, or in a general election to a candidate whose name is not on the general election ballot.
The board must post the report on its Web site by the end of the next business day after it
is received.

(e) This subdivision does not apply to a ballot question or independent expenditure
political committee or fund that has not met the registration threshold of section 10A.14,
subdivision 1a. However, if a contribution that would be subject to this section triggers the
registration requirement in section 10A.14, subdivision 1a, then both registration under that
section and reporting under this section are required.

Sec. 7.

new text begin [10A.201] ELECTIONEERING COMMUNICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Electioneering communication. new text end

new text begin (a) "Electioneering communication"
means a communication distributed by television, radio, satellite, or cable broadcasting
system; by means of printed material, signs, or billboards; through the use of telephone
communications; or by Internet communications, electronic mail, or electronic text messaging
that:
new text end

new text begin (1) refers to a clearly identified candidate;
new text end

new text begin (2) is made within:
new text end

new text begin (i) 30 days before a primary election or special primary election for the office sought
by the candidate; or
new text end

new text begin (ii) 60 days before a general election or special election for the office sought by the
candidate;
new text end

new text begin (3) is targeted to the relevant electorate; and
new text end

new text begin (4) is made without the express or implied consent, authorization, or cooperation of, and
not in concert with or at the request or suggestion of, a candidate or a candidate's principal
campaign committee or agent.
new text end

new text begin (b) Electioneering communication does not include:
new text end

new text begin (1) the publishing or broadcasting of news items or editorial comments by the news
media;
new text end

new text begin (2) a communication that constitutes an approved expenditure or an independent
expenditure;
new text end

new text begin (3) a voter guide, which is a pamphlet or similar printed material, intended to help voters
compare candidates' positions on a set of issues, as long as each of the following is true:
new text end

new text begin (i) the guide does not focus on a single issue or a narrow range of issues, but includes
questions and subjects sufficient to encompass major issues of interest to the entire electorate;
new text end

new text begin (ii) the questions and any other description of the issues are clear and unbiased in both
their structure and content;
new text end

new text begin (iii) the questions posed and provided to the candidates are identical to those included
in the guide;
new text end

new text begin (iv) each candidate included in the guide is given a reasonable amount of time and the
same opportunity as other candidates to respond to the questions;
new text end

new text begin (v) if the candidate is given limited choices for an answer to a question, for example:
"support," "oppose," "yes," or "no," the candidate is also given an opportunity, subject to
reasonable limits, to explain the candidate's position in the candidate's own words; the fact
that a candidate provided an explanation is clearly indicated in the guide; and the guide
clearly indicates that the explanations will be made available for public inspection, subject
to reasonable conditions;
new text end

new text begin (vi) answers included in the guide are those provided by the candidates in response to
questions, the candidate's answers are unedited, and the answers appear in close proximity
to the question to which they respond;
new text end

new text begin (vii) if the guide includes candidates' positions based on information other than responses
provided directly by the candidate, the positions are based on recorded votes or public
statements of the candidates and are presented in an unedited and unbiased manner; and
new text end

new text begin (viii) the guide includes all major party candidates for each office listed in the guide;
new text end

new text begin (4) any other communication specified in board rules or advisory opinions as being
excluded from the definition of electioneering communication; or
new text end

new text begin (5) a communication that:
new text end

new text begin (i) refers to a clearly identified candidate who is an incumbent member of the legislature
or a constitutional officer;
new text end

new text begin (ii) refers to a clearly identified issue that is or was before the legislature in the form of
an introduced bill; and
new text end

new text begin (iii) is made when the legislature is in session or within ten days after the last day of a
regular session of the legislature.
new text end

new text begin (c) A communication that meets the requirements of paragraph (a) but is made with the
authorization or express or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of a candidate, a candidate's principal campaign committee, or a
candidate's agent is an approved expenditure.
new text end

new text begin (d) Distributing a voter guide questionnaire, survey, or similar document to candidates
and communications with candidates limited to obtaining their responses, without more, do
not constitute communications that would result in the voter guide being an approved
expenditure on behalf of the candidate.
new text end

new text begin Subd. 2. new text end

new text begin Targeted to relevant electorate. new text end

new text begin (a) For purposes of this section, a
communication that refers to a clearly identified candidate is targeted to the relevant electorate
if the communication is distributed to or can be received by more than 1,500 persons in the
district the candidate seeks to represent, in the case of a candidate for the house of
representatives, senate, or a district court judicial office or by more than 6,000 persons in
the state, in the case of a candidate for constitutional office or appellate court judicial office.
When determining the number of persons to whom a communication in the form of printed
material, electronic mail, or electronic text messaging is distributed, an association may
exclude communications distributed to its own members.
new text end

new text begin (b) A communication consisting of printed materials, other than signs, billboards, or
advertisements published in the print media, is targeted to the relevant electorate if it meets
the requirements of paragraph (a) and is distributed to voters by means of United States
mail or through direct delivery to a resident's home or business.
new text end

new text begin Subd. 3. new text end

new text begin Disclosure of electioneering communications. new text end

new text begin (a) Electioneering
communications made by a political committee, a party unit, or a principal campaign
committee must be disclosed on the periodic reports of receipts and expenditures filed by
the association on the schedule and in accordance with the terms of section 10A.20.
new text end

new text begin (b) An association other than a political committee, party unit, or principal campaign
committee may register a political fund with the board and disclose its electioneering
communications on the reports of receipts and expenditures filed by the political fund. If it
does so, it must disclose its disbursements for electioneering communication on the schedule
and in accordance with the terms of section 10A.20.
new text end

new text begin (c) An association that does not disclose its disbursements for electioneering
communications under paragraph (a) or (b) must disclose its electioneering communications
according to the requirements of subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Statement required for electioneering communications. new text end

new text begin (a) Except for
associations providing disclosure as specified in subdivision 3, paragraph (a) or (b), every
person who makes a disbursement for the costs of producing or distributing electioneering
communications that aggregate more than $1,500 in a calendar year must, within 24 hours
of each disclosure date, file with the board a disclosure statement containing the information
described in this subdivision.
new text end

new text begin (b) Each statement required to be filed under this section must contain the following
information:
new text end

new text begin (1) the names of: (i) the association making the disbursement; (ii) any person exercising
direction or control over the activities of the association with respect to the disbursement;
and (iii) the custodian of the financial records of the association making the disbursement;
new text end

new text begin (2) the address of the association making the disbursement;
new text end

new text begin (3) the amount of each disbursement of more than $200 during the period covered by
the statement, a description of the purpose of the disbursement, and the identification of the
person to whom the disbursement was made;
new text end

new text begin (4) the names of the candidates identified or to be identified in the communication;
new text end

new text begin (5) if the disbursements were paid out of a segregated bank account that consists of funds
donated specifically for electioneering communications, the name and address of each
person who gave the association more than $200 in aggregate to that account during the
period beginning on the first day of the preceding calendar year and ending on the disclosure
date; and
new text end

new text begin (6) if the disbursements for electioneering communications were made using general
treasury money of the association, an association that has paid more than $5,000 in aggregate
for electioneering communications during the calendar year must file with its disclosure
statement a written statement that includes the name, address, and amount attributable to
each person that paid the association membership dues or fees, or made donations to the
association that, in total, aggregate more than $5,000 of the money used by the association
for electioneering communications. The statement must also include the total amount of the
disbursements for electioneering communications attributable to persons not subject to
itemization under this clause. The statement must be certified as true by an officer of the
association that made the disbursements for the electioneering communications.
new text end

new text begin (c) To determine the amount of the membership dues or fees, or donations made by a
person to an association and attributable to the association's disbursements for electioneering
communications, the association must separately prorate the total disbursements made for
electioneering communications during the calendar year over all general treasury money
received during the calendar year.
new text end

new text begin (d) If the amount spent for electioneering communications exceeds the amount of general
treasury money received by the association during that year:
new text end

new text begin (1) the electioneering communications must be attributed first to all receipts of general
treasury money received during the calendar year in which the electioneering communications
were made;
new text end

new text begin (2) any amount of current year electioneering communications that exceeds the total of
all receipts of general treasury money during the current calendar year must be prorated
over all general treasury money received in the preceding calendar year; and
new text end

new text begin (3) if the allocation made in clauses (1) and (2) is insufficient to cover the subject
electioneering communications, no further allocation is required.
new text end

new text begin (e) After a portion of the general treasury money received by an association from a
person has been designated as the source of a disbursement for electioneering
communications, that portion of the association's general treasury money received from that
person may not be designated as the source of any other disbursement for electioneering
communications or as the source for any contribution to an independent expenditure political
committee or fund.
new text end

new text begin Subd. 5. new text end

new text begin Disclosure date. new text end

new text begin For purposes of this section, the term "disclosure date" means
the earlier of:
new text end

new text begin (1) the first date on which an electioneering communication is publicly distributed,
provided that the person making the electioneering communication has made disbursements
for the direct costs of producing or distributing one or more electioneering communication
aggregating in excess of $1,500; or
new text end

new text begin (2) any other date during the same calendar year on which an electioneering
communication is publicly distributed, provided that the person making the electioneering
communication has made disbursements for the direct costs of distributing one or more
electioneering communication aggregating in excess of $1,500 since the most recent
disclosure date.
new text end

new text begin Subd. 6. new text end

new text begin Contracts to disburse. new text end

new text begin For purposes of this section, a person shall be treated
as having made a disbursement if the person has entered into an obligation to make the
disbursement.
new text end

new text begin Subd. 7. new text end

new text begin Disclosure statement. new text end

new text begin An electioneering communication must include the
applicable disclosures required by sections 211B.04 and 211B.041.
new text end

new text begin Subd. 8. new text end

new text begin Failure to file; penalty. new text end

new text begin (a) If a person fails to file a statement required by this
section by the date the statement is due, the board may impose a late filing fee of $50 per
day, not to exceed $1,000, commencing the day after the statement was due.
new text end

new text begin (b) The board must send notice by certified mail to a person who fails to file a statement
within ten business days after the statement was due that the person may be subject to a
civil penalty for failure to file the statement. A person who fails to file the statement within
seven days after the certified mail notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
new text end

new text begin (c) An association that provides disclosure under section 10A.20 rather than under this
section is subject to the late filing fee and civil penalty provisions of section 10A.20 and is
not subject to the penalties provided in this subdivision.
new text end

new text begin (d) An association that makes electioneering communications under this section and
willfully fails to provide the statement required by subdivision 4, paragraph (b), clause (6),
within the time specified is subject to an additional civil penalty of up to four times the
amount of the electioneering communications disbursements that should have been included
on the statement.
new text end

Sec. 8.

Minnesota Statutes 2016, section 10A.244, is amended to read:

10A.244 VOLUNTARY INACTIVE STATUS; POLITICAL FUNDS.

Subdivision 1.

Election of voluntary inactive status.

An association that has a political
fund registered under this chapter may elect to have the fund placed on voluntary inactive
status if the following conditions are met:

(1) the association makes a written request for inactive status;

(2) the association has filed all periodic reports required by this chapter and has received
no contributions into its political fund and made no expenditures or disbursements new text begin , including
disbursements for electioneering communications, new text end through its political fund since the last
date included on the association's most recent report; and

(3) the association has satisfied all obligations to the state for late filing fees and civil
penalties imposed by the board or the board has waived this requirement.

Subd. 2.

Effect of voluntary inactive status.

After an association has complied with
the requirements of subdivision 1:

(1) the board must notify the association that its political fund has been placed in
voluntary inactive status and of the terms of this section;

(2) the board must stop sending the association reports, forms, and notices of report due
dates that are periodically sent to entities registered with the board;

(3) the association is not required to file periodic disclosure reports for its political fund
as otherwise required under this chapter;

(4) the association may not accept contributions into its political fund and may not make
expenditures, contributions, or disbursements new text begin , including disbursements for electioneering
communications, new text end through its political fund; and

(5) if the association maintains a separate depository account for its political fund, it
may continue to pay bank service charges and receive interest paid on that account while
its political fund is in inactive status.

Subd. 3.

Resumption of active status or termination.

(a) An association that has placed
its political fund in voluntary inactive status may resume active status upon written notice
to the board.

(b) A political fund placed in voluntary inactive status must resume active status within
14 days of the date that it has accepted contributions or made expenditures, contributions,
or disbursements new text begin , including disbursements for electioneering communications, new text end that aggregate
more than $750 since the political fund was placed on inactive status. If, after meeting this
threshold, the association does not notify the board that its fund has resumed active status,
the board may place the association's political fund in active status and notify the association
of the change in status.

(c) An association that has placed its political fund in voluntary inactive status may
terminate the registration of the fund without returning it to active status.

Subd. 4.

Penalty for financial activity while in voluntary inactive status.

If an
association fails to notify the board of its political fund's resumption of active status under
subdivision 3, the board may impose a civil penalty of $50 per day, not to exceed $1,000
commencing on the 15th calendar day after the fund resumed active status.

Sec. 9.

Minnesota Statutes 2016, section 10A.34, subdivision 4, is amended to read:

Subd. 4.

Penalty for violations of chapter 211B under board's jurisdiction.

new text begin (a) new text end If a
civil penalty is not specified in a section of chapter 211B brought under the board's
jurisdiction by section 10A.022, subdivision 3, the board may impose a civil penalty of up
to $3,000.

new text begin (b) The board may impose a civil penalty for a violation of sections 211B.04 to 211B.0445
of up to three times the cost of the campaign advertisement, as defined in section 211B.01,
subdivision 2, including placement costs.
new text end

Sec. 10.

Minnesota Statutes 2016, section 211B.01, subdivision 1, is amended to read:

Subdivision 1.

Application.

The definitions in deleted text begin chapter deleted text end new text begin chapters 10A and new text end 200 and this
section apply to this chapter.

Sec. 11.

Minnesota Statutes 2016, section 211B.01, subdivision 2, is amended to read:

Subd. 2.

Campaign deleted text begin material deleted text end new text begin advertisement new text end .

new text begin (a) new text end "Campaign deleted text begin material deleted text end new text begin advertisement new text end "
means any new text begin general or public communication including, but not limited to, any new text end literature,
publication, new text begin broadcast media, video disseminated over the Internet, new text end or new text begin any other new text end material
that is new text begin authorized, paid for, or new text end disseminated new text begin by a person or committee new text end for the purpose of
influencing voting at a primary or other election new text begin or to promote or defeat a ballot question new text end ,
except for news items or editorial comments by the news media.

new text begin (b) "Campaign advertisement" does not include the following:
new text end

new text begin (1) a communication by an association distributed only to the association's own members
in a newsletter or similar publication in a form that is routinely sent to the association's
members;
new text end

new text begin (2) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;
new text end

new text begin (3) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of a disclaimer would be impracticable; and
new text end

new text begin (4) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
new text end

Sec. 12.

Minnesota Statutes 2016, section 211B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Cumulative contributions. new text end

new text begin "Cumulative contributions" means the cumulative
amount of contributions received by a committee from a person beginning 12 months before
a campaign expenditure for a campaign advertisement and ending seven days before the
time the campaign advertisement is printed, broadcasted, or made available online.
new text end

Sec. 13.

Minnesota Statutes 2016, section 211B.01, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Top contributor. new text end

new text begin "Top contributor" means the original source from whom a
committee paying for a campaign advertisement has received one of its three highest
cumulative contributions of $10,000 or more.
new text end

Sec. 14.

Minnesota Statutes 2016, section 211B.01, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Original source. new text end

new text begin "Original source" means a person whose contribution is funded
entirely from a source that is not a contribution, including but not limited to wages,
investment income, and revenue generated from the sale of goods or services.
new text end

Sec. 15.

Minnesota Statutes 2016, section 211B.02, is amended to read:

211B.02 FALSE CLAIM OF SUPPORT.

A person or candidate may not knowingly make, directly or indirectly, a false claim
stating or implying that a candidate or ballot question has the support or endorsement of a
major political party or party unit or of an organization. A person or candidate may not state
in written campaign deleted text begin material deleted text end new text begin advertisement new text end that the candidate or ballot question has the
support or endorsement of an individual without first getting written permission from the
individual to do so.

Sec. 16.

Minnesota Statutes 2016, section 211B.04, as amended by Laws 2018, chapter
119, section 33, is amended to read:

211B.04 CAMPAIGN deleted text begin MATERIAL deleted text end new text begin ADVERTISEMENT new text end MUST INCLUDE
deleted text begin DISCLAIMER deleted text end new text begin DISCLOSURES new text end .

Subdivision 1.

Campaign deleted text begin material deleted text end new text begin advertisement new text end .

(a) A person who participates in
the preparation or dissemination of new text begin a new text end campaign deleted text begin material deleted text end new text begin advertisement new text end other than as provided
in section 211B.05, subdivision 1, that does not prominently include the name and address
of the person or committee causing the deleted text begin material deleted text end new text begin campaign advertisement new text end to be prepared or
disseminated in a deleted text begin disclaimer deleted text end new text begin disclosure new text end substantially in the form provided in paragraph (b)
or (c) is guilty of a misdemeanor.

(b) Except in cases covered by paragraph (c), the required form of deleted text begin disclaimer deleted text end new text begin the
disclosure new text end is: "Prepared and paid for by deleted text begin the deleted text end .......... new text begin ( new text end committee new text begin name) new text end , .........(address)" for
deleted text begin material deleted text end new text begin a campaign advertisement new text end prepared and paid for by deleted text begin a principal campaign committee,
or "Prepared and paid for by the .......... committee, .........(address)" for material prepared
and paid for by a deleted text end new text begin any new text end person or committee deleted text begin other than a principal campaign committee deleted text end . The
address must be either the committee's mailing address or the committee's Web site, if the
Web site includes the committee's mailing address. If the deleted text begin material deleted text end new text begin campaign advertisement new text end
is produced and disseminated without cost, the words "paid for" may be omitted from the
deleted text begin disclaimer deleted text end new text begin disclosure new text end .

(c) In the case of broadcast media new text begin , telephonic communications, and videos disseminated
over the Internet new text end , the required form of deleted text begin disclaimer deleted text end new text begin the disclosure new text end is: "Paid for by deleted text begin the deleted text end ............
new text begin ( new text end committee new text begin name) new text end ." If the deleted text begin material deleted text end new text begin campaign advertisement new text end is produced and deleted text begin broadcast deleted text end new text begin
broadcasted or disseminated new text end without cost, the required form of the deleted text begin disclaimer deleted text end new text begin disclosure new text end is:
" deleted text begin The deleted text end ............ new text begin ( new text end committee new text begin name) new text end is responsible for the content of this message."

Subd. 2.

Independent expenditures.

(a) The required form of the deleted text begin disclaimer deleted text end new text begin disclosure new text end
on a new text begin campaign advertisement that is a new text end written independent expenditure is: "This is an
independent expenditure prepared and paid for by ..… (name of entity participating in the
expenditure), ….. (address). It is not coordinated with or approved by any candidate nor is
any candidate responsible for it." The address must be either the entity's mailing address or
the entity's Web site, if the Web site includes the entity's mailing address. When a written
independent expenditure is produced and disseminated without cost, the words "and paid
for" may be omitted from the deleted text begin disclaimer deleted text end new text begin disclosure new text end .

(b) The required form of the deleted text begin disclaimer deleted text end new text begin disclosure new text end on a new text begin campaign advertisement that is
a new text end broadcast independent expenditure is: "This independent expenditure is paid for by .….
(name of entity participating in the expenditure). It is not coordinated with or approved by
any candidate nor is any candidate responsible for it." When a broadcast independent
expenditure is produced and disseminated without cost, the following deleted text begin disclaimer deleted text end new text begin disclosure new text end
may be used: "….. (name of entity participating in the expenditure) is responsible for the
contents of this independent expenditure. It is not coordinated with or approved by any
candidate nor is any candidate responsible for it."

deleted text begin Subd. 3. deleted text end

deleted text begin Material that does not need a disclaimer. deleted text end

deleted text begin (a) This section does not apply to
fund-raising tickets, business cards, personal letters, or similar items that are clearly being
distributed by the candidate.
deleted text end

deleted text begin (b) This section does not apply to an individual or association that is not required to
register or report under chapter 10A or 211A.
deleted text end

deleted text begin (c) This section does not apply to the following:
deleted text end

deleted text begin (1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;
deleted text end

deleted text begin (2) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of a disclaimer would be impracticable; and
deleted text end

deleted text begin (3) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
deleted text end

deleted text begin (d) This section does not modify or repeal section 211B.06.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Web sites. deleted text end

deleted text begin The requirements of this section are satisfied for an entire Web site
or social media page when the disclaimer required in subdivision 1 or 2 appears once on
the homepage of the site.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Font size. deleted text end

deleted text begin For written communications other than an outdoor sign, Web site,
or social media page, the disclaimer must be printed in 8-point font or larger.
deleted text end

Sec. 17.

new text begin [211B.041] TOP CONTRIBUTOR DISCLOSURES.
new text end

new text begin (a) Any campaign advertisement paid for by a committee, except for a political party
unit or a principal campaign committee, must include the words "committee major funding
from" followed by the names of the committee's three top contributors.
new text end

new text begin (b) If fewer than three persons qualify as top contributors, the committee must only
disclose those persons that qualify as top contributors pursuant to this section. If there are
no persons that qualify as top contributors, the committee is not required to provide the
disclosure under this section.
new text end

new text begin (c) The disclosure of a top contributor required under this section does not need to include
terms such as "incorporated," "committee," "political action committee," or "corporation,"
or abbreviations of these terms, unless the term is part of the top contributor's name in
common usage or parlance.
new text end

new text begin (d) If two or more persons make contributions of identical amounts and qualify as top
contributors, the person with the most recent contribution is required to be listed as a top
contributor.
new text end

Sec. 18.

new text begin [211B.042] RADIO AND TELEPHONE CAMPAIGN ADVERTISEMENT
DISCLOSURES.
new text end

new text begin (a) Any campaign advertisement paid for by a committee, except for a political party
unit or a principal campaign committee, that is disseminated over the radio or by prerecorded
telephonic means must:
new text end

new text begin (1) include the disclosure required by sections 211B.04 and 211B.041 at the beginning
or end of the radio broadcast or telephonic communication;
new text end

new text begin (2) be read in a clearly spoken manner and in a pitch substantially similar to the rest of
the broadcast or communication; and
new text end

new text begin (3) last no less than three seconds.
new text end

new text begin (b) Radio broadcasts and prerecorded telephonic communications must disclose only
the two top contributors unless the campaign material lasts 15 seconds or less or the
disclosure statement would last more than eight seconds, in which case only the single top
contributor is required to be disclosed.
new text end

Sec. 19.

new text begin [211B.043] VIDEO CAMPAIGN ADVERTISEMENT DISCLOSURES.
new text end

new text begin (a) A campaign advertisement paid for by a committee, except for a political party unit
or a principal campaign committee, that is disseminated as a video, including campaign
advertisements on television and videos disseminated over the Internet, must include the
disclosures required by sections 211B.04 and 211B.041 in writing at the beginning or end
of the video.
new text end

new text begin (b) The disclosure required by paragraph (a) must be written and displayed for at least
five seconds of a broadcast of 30 seconds or less or for at least ten seconds of a broadcast
that lasts longer than 30 seconds.
new text end

new text begin (c) The written disclosure required by paragraph (a) must appear as follows:
new text end

new text begin (1) be on a solid black background on the entire bottom one-third of the television or
video display screen, or bottom one-fourth of the screen if the committee does not have or
is otherwise not required to list top contributors;
new text end

new text begin (2) be in a contrasting color in Arial font or an equivalent font, and the font size for the
smallest letters in the written disclosure must be four percent of the height of the television
or video display screen;
new text end

new text begin (3) the top contributors, if any, must each be disclosed on a separate horizontal line, in
descending order, beginning with the top contributor who made the largest cumulative
contributions on the first line;
new text end

new text begin (4) the name of each top contributor, if any, must be centered horizontally; and
new text end

new text begin (5) all written disclosures must be underlined, except for the names of the top contributors,
if any.
new text end

new text begin (d) If using a font size of four percent of the height of the television or video display
screen causes the name of any of the top contributors to exceed the width of the screen or
causes the disclosures to exceed one-third of the television or video display screen, the font
size of the name of the top contributor shall be reduced until the top contributor's name fits
on the width of the screen or the entire disclosure fits within one-third of the television or
video display screen, but in no case shall the font size be smaller than 2.5 percent of the
height of the screen.
new text end

new text begin (e) A video campaign advertisement that is an independent expenditure supporting or
opposing a candidate must include the appropriate statement from section 211B.04,
subdivision 2, in the solid black background described in paragraph (c), clause (1), below
all other text required to appear in that area in a contrasting color and in Arial font or an
equivalent font no less than 2.5 percent of the height of the television or video display
screen.
new text end

Sec. 20.

new text begin [211B.044] PRINT CAMPAIGN ADVERTISEMENT DISCLOSURES.
new text end

new text begin (a) A print campaign advertisement paid for by a committee, except for a political party
unit or a principal campaign committee, must include the disclosures required by sections
211B.04 and 211B.041 displayed as follows:
new text end

new text begin (1) The disclosure area must have a solid white background and be in a printed or drawn
box on the bottom of at least one page that is set apart from any other printed matter. All
text in the disclosure area shall be in contrasting color;
new text end

new text begin (2) The text shall be in Arial font or an equivalent font with a font size of at least ten
point for printed campaign advertisements designed to be individually distributed, including,
but not limited to, mailers, flyers, and door hangers; and
new text end

new text begin (3) The top contributors, if any, must each be disclosed on a separate horizontal line, in
descending order, beginning with the top contributor who made the largest cumulative
contributions on the first line. The name of each of the top contributors must be centered
horizontally in the disclosure area.
new text end

new text begin (b) Notwithstanding paragraph (a), the disclosures required by sections 211B.04 and
211B.041 for display on a printed campaign advertisement that is larger than those designed
to be individually distributed, including, but not limited to, yard signs or billboards, must
be in Arial font or an equivalent font with a total height of at least five percent of the height
of the campaign advertisement, and printed on a solid background with sufficient contrast
that is easily readable by the average viewer. The text on the campaign advertisement may
be adjusted so it does not appear on separate horizontal lines, with the top contributors
separated by a comma.
new text end

new text begin (c) Newspaper, magazine, or other public print campaign advertisements that are 20
square inches or smaller are only required to disclose the single top contributor of $10,000
or more.
new text end

Sec. 21.

new text begin [211B.0441] ELECTRONIC MEDIA AND INTERNET CAMPAIGN
ADVERTISEMENT DISCLOSURES.
new text end

new text begin (a) An electronic media campaign advertisement, other than a Web site, paid for by a
committee, except for a political party unit or a principal campaign committee, must comply
with both of the following:
new text end

new text begin (1) Include the text "Who funded this ad?" in a contrasting color and a font size that is
easily readable by the average viewer; and
new text end

new text begin (2) The text required under clause (1) must be a hyperlink to a Web site containing the
disclosures required by sections 211B.04 and 211B.041 in a contrasting color and in no
smaller than eight-point font.
new text end

new text begin (b) The text required under paragraph (a), clause (1), is not required if including the
language would be impracticable. In such circumstances, the campaign advertisement needs
only to include a hyperlink to a Web site containing the disclosures required by sections
211B.04 and 211B.041.
new text end

new text begin (c) A Web site paid for by a committee, except for a political party unit or a principal
campaign committee, must include the disclosures required by sections 211B.04 and
211B.041 in a contrasting color and in no smaller than eight-point font.
new text end

new text begin (d) A Web site that is hyperlinked to as provided for in paragraph (a), clause (2), must
remain online and available to the public until 30 days after the date of the election in which
the candidate or ballot question supported or opposed by the campaign advertisement was
voted upon.
new text end

new text begin (e) A campaign advertisement made by a form of electronic media that is audio only
and therefore cannot include either of the disclosures in paragraph (a) must comply with
the disclosure requirements for radio advertisements in section 211B.042.
new text end

new text begin (f) A campaign advertisement made by a form of electronic media that allows users to
engage in discourse and post content, or any other type of social media, is required to include
the disclosures required by sections 211B.04 and 211B.041 in a contrasting color and in no
smaller than eight-point font on the committee's profile, landing page, or similar location
and on each campaign advertisement posting, but is not required to include the disclosure
required by paragraph (a) on a response to a user-generated comment or other similar
communication.
new text end

new text begin (g) The disclosure required by this section does not apply to a campaign advertisement
made by social media for which the only expense or cost of the communication is
compensated staff time unless the social media account where the content is posted was
created only for the purpose of campaign advertisements governed by this chapter.
new text end

Sec. 22.

new text begin [211B.0442] RADIO OR TELEVISION DISCLOSURES; POLITICAL
PARTIES AND PRINCIPAL CAMPAIGN COMMITTEES.
new text end

new text begin (a) The disclosures required under section 211B.04 for a campaign advertisement that
is paid for by a political party unit or a principal campaign committee are subject to the
following requirements:
new text end

new text begin (1) For a radio or telephonic prerecorded communication campaign advertisement, the
disclosure statement must be: (i) included at the beginning or the end of the campaign
advertisement; (ii) read in a clearly spoken manner and in a pitch and tone substantially
similar to the rest of the advertisement; and (iii) last no less than three seconds.
new text end

new text begin (2) For a video campaign advertisement, including a video campaign advertisement on
television or disseminated over the Internet, the disclosure statement must appear in writing
for at least four seconds with letters in a type size that is greater than or equal to four percent
of the height of the screen and in a color that has a reasonable degree of contrast with the
background of the video. The required disclosure must also be spoken during the video if
the written disclosure appears for less than five seconds of a broadcast of 30 seconds or less
or for less than ten seconds of a broadcast of 60 seconds or more.
new text end

new text begin (3) For a print campaign advertisement, the disclosures must be written in no smaller
than ten-point font and in a color that has a reasonable degree of contrast with the background
of the print campaign advertisement.
new text end

new text begin (b) Notwithstanding paragraph (a), clause (3), the required disclosures for a print
campaign advertisement that is larger than those designed to be individually distributed,
such as a yard sign or billboard, must in total constitute no less than five percent of the total
height of the campaign advertisement and must appear in a color that has a reasonable degree
of contrast with the background of the print campaign advertisement.
new text end

new text begin (c) An electronic media campaign advertisement that is paid for by a political party unit
or a principal campaign committee, must include the disclosures required by section
211B.0441, except for the disclosures related to top contributors.
new text end

Sec. 23.

new text begin [211B.0443] MASS MAILINGS; POLITICAL PARTIES AND PRINCIPAL
CAMPAIGN COMMITTEES.
new text end

new text begin To comply with the campaign advertisement disclosure requirements under section
211B.04 for mass mailings, a political party unit or principal campaign committee candidate
must:
new text end

new text begin (1) print the required disclosures on the outside of each piece of mail in the mass mailing
and on at least one of the inserts included within each piece of mail of the mailing in no
smaller than six-point font that is in a color or print that contrasts with the background so
as to be easily legible; and
new text end

new text begin (2) for mass electronic mailings, the political party unit or principal campaign committee
must show the required disclosure in the electronic mailing in at least the same size font as
a majority of the text in the electronic mailing.
new text end

Sec. 24.

new text begin [211B.0444] A CHANGE IN TOP CONTRIBUTORS.
new text end

new text begin If the order of top contributors required to be disclosed by this chapter changes or a new
contributor qualifies as a top contributor, a committee must update the disclosures required
by this chapter in the campaign advertisement affected by the change as follows:
new text end

new text begin (1) A television, radio, telephone, electronic billboard, or other electronic media campaign
advertisement must be updated to reflect the new top contributors within five business days.
A committee is deemed to have complied with this section if the amended campaign
advertisement is delivered, containing a request that the campaign advertisement immediately
be replaced, to all affected broadcast stations or other locations where the campaign
advertisement is placed no later than the fifth business day.
new text end

new text begin (2) A print media campaign advertisement, including nonelectronic billboards, must be
updated to reflect the new top contributors before the committee places a new or modified
order for additional printing of the campaign advertisement.
new text end

Sec. 25.

new text begin [211B.0445] DISCLOSURE CIRCUMVENTION PROHIBITION.
new text end

new text begin A committee placing a campaign advertisement or persons acting in concert with that
committee is prohibited from creating or using another committee to avoid, or that results
in the avoidance of, the disclosure of any individual, industry, business entity, or another
committee as a top contributor.
new text end

Sec. 26.

Minnesota Statutes 2016, section 211B.06, subdivision 1, is amended to read:

Subdivision 1.

Gross misdemeanor.

(a) A person is guilty of a gross misdemeanor who
intentionally participates in the preparation, dissemination, or broadcast of paid political
advertising or campaign deleted text begin material deleted text end new text begin advertisement new text end with respect to the personal or political
character or acts of a candidate, or with respect to the effect of a ballot question, that is
designed or tends to elect, injure, promote, or defeat a candidate for nomination or election
to a public office or to promote or defeat a ballot question, that is false, and that the person
knows is false or communicates to others with reckless disregard of whether it is false.

(b) A person is guilty of a misdemeanor who intentionally participates in the drafting
of a letter to the editor with respect to the personal or political character or acts of a candidate,
or with respect to the effect of a ballot question, that is designed or tends to elect, injure,
promote, or defeat any candidate for nomination or election to a public office or to promote
or defeat a ballot question, that is false, and that the person knows is false or communicates
to others with reckless disregard of whether it is false.

Sec. 27.

Minnesota Statutes 2017 Supplement, section 211B.11, subdivision 1, is amended
to read:

Subdivision 1.

Soliciting near polling places.

A person may not display new text begin a new text end campaign
deleted text begin material deleted text end new text begin advertisement new text end , post signs, ask, solicit, or in any manner try to induce or persuade
a voter within a polling place or within 100 feet of the building in which a polling place is
situated, or anywhere on the public property on which a polling place is situated, on primary
or election day to vote for or refrain from voting for a candidate or ballot question. A person
may not provide political badges, political buttons, or other political insignia to be worn at
or about the polling place on the day of a primary or election. A political badge, political
button, or other political insignia may not be worn at or about the polling place on primary
or election day. This section applies to areas established by the county auditor or municipal
clerk for absentee voting as provided in chapter 203B.

Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided
in section 204B.49.

Sec. 28.

Minnesota Statutes 2016, section 211B.20, subdivision 1, is amended to read:

Subdivision 1.

Prohibition.

(a) It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or an area in which two or more single-family
dwellings are located on private roadways to a candidate who has:

(1) organized a campaign committee under applicable federal or state law;

(2) filed a financial report as required by section 211A.02; or

(3) filed an affidavit of candidacy for elected office.

A candidate granted access under this section must be allowed to be accompanied by
campaign volunteers.

(b) Access to a facility or area is only required if it is located within the district or territory
that will be represented by the office to which the candidate seeks election, and the candidate
and any accompanying campaign volunteers seek access exclusively for the purpose of
campaigning for a candidate or registering voters. The candidate must be seeking election
to office at the next general or special election to be held for that office.

(c) A candidate and any accompanying campaign volunteers granted access under this
section must be permitted to leave campaign deleted text begin materials deleted text end new text begin advertisements new text end for residents at their
doors, except that the manager of a nursing home may direct that the campaign deleted text begin materials deleted text end new text begin
advertisements new text end be left at a central location within the facility. The campaign deleted text begin materials deleted text end new text begin
advertisements new text end must be left in an orderly manner.

(d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers is limited to one building at a time,
but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.

(e) A violation of this section is a petty misdemeanor.

Sec. 29.

Minnesota Statutes 2016, section 211B.32, subdivision 4, is amended to read:

Subd. 4.

Proof of claim.

The burden of proving the allegations in the complaint is on
the complainant. The standard of proof of a violation of section 211B.06, relating to false
statements in new text begin a new text end paid political advertising or campaign deleted text begin material deleted text end new text begin advertisement new text end , is clear and
convincing evidence. The standard of proof of any other violation of chapter 211A or 211B
is a preponderance of the evidence.

Sec. 30.

Minnesota Statutes 2016, section 211B.35, subdivision 2, is amended to read:

Subd. 2.

Disposition of complaint.

The panel must determine whether the violation
alleged in the complaint occurred and must make at least one of the following dispositions:

(a) The panel may dismiss the complaint.

(b) The panel may issue a reprimand.

(c) The panel may find that a statement made in a paid advertisement or campaign
deleted text begin material deleted text end new text begin advertisement new text end violated section 211B.06.

(d) The panel may impose a civil penalty of up to $5,000 for any violation of chapter
211A or 211B.

(e) The panel may refer the complaint to the appropriate county attorney.